Agency's Disney fine largest in 10 years

ANAHEIM – A California agency issued its largest fine against Disney in at least 10 years when finding that the company "willfully violated" safety regulations related to a contractor's injury on Space Mountain, state records show.

The California Division of Occupational Safety and Health is proposing a $234,850 penalty against the Disneyland Resort, according to a report issued Friday. That's the highest penalty that the Disneyland Resort has faced since at least 2003 from the division.

On Monday, two Disney rides remained closed while crews assess employee safety, said Suzi Brown, a Disneyland Resort spokeswoman. Disney, which voluntarily closed the rides, has yet to schedule the re-opening of Space Mountain in Disneyland and Soarin' Over California in Disney California Adventure.

The company has yet to decide if it will appeal the penalties.

Disney is facing the stiffest fines issued against companies related to employee safety, said Erika Monterroza, a state division spokeswoman. Investigators found "willful" violations, which means that the state believes a company knew about hazardous conditions and failed to fix them.

The maximum fine is $70,000 for each penalty. Among the proposed state penalties are three "willful violation" fines.

The penalties stem from Nov. 21 when a contractor was injured while cleaning Space Mountain's slanted roof. A rope on his harness came loose, and he slid into a barricade at the bottom of the roof. At the time, he had a cut to his forehead, a broken left femur, a broken right clavicle and possibly broken ribs.

The state's investigation found that Disney knew in August 2006 about problems with fall hazards, but the company failed to fix the problems on the outside of Space Mountain. Disney also failed to have the proper anchors, according to the division's report.

The state is also investigating the contractor's company, HSG Inc. A report is expected to be completed this week, Monterroza said.

Steven Williams, HSG's director of operations, declined to comment about the investigation or the contractor's condition in an email to the Register. "Unfortunately we are unable to provide any details as this is an ongoing investigation," Williams wrote.

In the past decade, the state has issued smaller fines against Disney for employee-related safety matters. Previous fines were for "serious" or other violations, which carry less-costly penalties. Of 12 closed cases, fines were $185 to $18,350.

The largest was in October 2003 when Disney had to pay a fine related to the death of a worker who fell 42 feet as he was inspecting lights for the "Aladdin" show at Disney California Adventure.

In an open case, Disney is facing a $30,150 proposed fine for an October incident at Space Mountain: A 68-year-old machinist was struck by a ride vehicle traveling about 30 mph while doing maintenance. He suffered back, chest and head injuries, the Register reported at the time. Two citations were issued and classified as "serious." Disney has appealed the case.

The Disneyland Resort is Orange County's largest employer with 25,000 workers at two theme parks, three hotels and the Downtown Disney shopping-entertainment district.